Posts for May 9, 2017
These are the posts
that are accumulated in our weekly newsletter which goes out throughout the
school year. The posts are organized by the major units in our Constitutional Law (5th ed.) student textbook.
I. Introduction to Law, the
Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th
edition of Constitutional Law]
Here are some recent articles that are relevant to this unit:
A Travel Ban's
Foe [NY Times, 5/7/17]: Tipped off by
her Washington sources that an executive order blocking refugees was coming,
Becca Heller fired off messages to her vast network of law students and pro
bono lawyers:
'The language of the law'
is not actually a language [“LawnLinguistics” blog, 5/6/17]: The nature of legal language has been a recurring subject of discussion,
within applied linguistics and (U.S.) legal academia.
Tennessee governor signs "natural and ordinary
meaning" bill [Jurist,
5/7/17]: Dubbed the "natural and ordinary
meaning" law, it requires that "undefined words be given their
natural and ordinary meaning, without forced or subtle construction that would
limit or extend the meaning of the language, except when a contrary intention
is clearly manifest."
II. Defining the Political
System: Federalism and Checks and Balances [See TOPICS 11-15
in the 5th edition of Constitutional
Law] Here are recent articles that are relevant to this unit:
Texas governor signs 'sanctuary city' ban into law
[Jurist, 5/8/17]: Under the law, municipal
officials who fail to assist with federal immigration enforcement could face
civil penalties, removal from office and criminal charges.
The
American Presidency [TOPIC 15]
Appellate Judges Review Travel Ban [WSJ / USA Today / Politico / Jurist, 5/8/17]: Court
considers whether Trump's prior statements should be considered when deciding
the case.
Listen to the oral argument:
In a related post…
As Trump threatens deportations, Bay Area funding
immigrants’ legal defense [SJ Merc, 5/8/17]: Immigrants facing
deportation have no right to a lawyer if they can’t afford one. But Bay Area
governments are leading a movement — which could take hold throughout
California — to ensure there’s an attorney by their side anyway.
10 conservatives selected
for federal courts as part of Trump's move to reshape judiciary [Wash Times / Politico, 5/8/17]:
The White
House announced President Trump’s intention Monday to nominate a slate of 10
conservatives to the federal judiciary, building on his successful nomination
of Supreme Court Justice Neil M. Gorsuch in his biggest push yet to
reshape the federal courts.
Sally Yates: ‘We believed that Gen. Flynn was
compromised’ [Politico, 5/8/17]: Former acting Attorney General Sally
Yates cast a harsh light on the White House on Monday, detailing how she had
informed Trump administration officials that then-national security adviser
Michael Flynn was susceptible to blackmail from Russia, only to watch President
Donald Trump take 18 days to fire him.
III. The Political System: Voting and Campaigns
[See TOPICS 16-20 in the 5th edition of Constitutional Law] Here are some recent articles that are
relevant to this unit:
Legislation and the Legislative
Process (TOPIC 20)
The California 7 [Fox & Hounds,
5/8/17]: The political question facing
the seven California congressional Republicans who are holding vulnerable seats
is why did they jump aboard the American Health Care Act when up to the last
day a number of them were undecided or leaning against the bill?
IV. Criminal Law and Procedure (4th, 5th,
6th, and 8th amendments) [See TOPICS 21-28 in
the 5th edition of Constitutional Law] Here are some
recent articles that are relevant to this unit
The steady decline of
America's death rows [Wash Post, 5/6/17]: When the state of Arkansas announced plans
to carry out eight executions in an 11-day period in April, it drew intense
international scrutiny that flared until well after the final lethal injection in the series at the end of the
month.
V. 1st Amendment
(Speech, Religion, Press and Assembly)
[See TOPICS 29-33 in the 5th edition of Constitutional Law] Here are some recent articles that
are relevant to this unit:
Oklahoma
Student Forced to Remove “Black Lives Matter” T-Shirt He Wore to School [Newseum,
5/9/17]: Here’s why it’s likely that the school officials overstepped their
bounds.
NuseumEd to
Visit Palo Alto School to Pilot Fake News Class [Newseum,
5/9/17]: On Tuesday, May 16, NewseumED curriculum developers will be at Palo
Alto High School in
Palo Alto, Calif., to pilot their newest media literacy class, “Fighting Fake News.”
The Trump Admin's Advice to Supreme Court in Copyright
Case Is a True Mind-Bender [THR Esq.
blog, 5/7/17]: Although a 'significant legal error' has supposedly been made --
copyright holders must consider fair use before sending takedown notices -- the
Acting Solicitor General tells the high court to reject a review of baby-dancing-to-Prince.
George Wallace at
Harvard—The Good Old Days of Campus Free Speech [Justia, 5/8/17]: Professor
Rotunda comments on the plight of free speech on college campuses and
elsewhere. Rotunda describes the limitations on speech imposed not only by
college campuses, but also by governments, despite their ostensible support for
the freedom of speech.
VI. 14th
Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th edition of Constitutional Law] Here are some recent articles that are relevant to
this unit:
Discrimination Begets
Discrimination: The Ninth Circuit Allows Prior Salary to Justify Paying Women
Less Than Men for the Same Work [Justia,
5/8/17]: Professor Grossman comments on a
recent decision by the U.S. Court of Appeals for the Ninth Circuit perpetuating
pay disparities between men and women by allowing an employer to rely on prior
salary in determining pay.
Calif. High Court
Clarifies Day of Rest for 9th Circuit [CNS,
5/8/17]: Clarifying a blurry area of state labor law, the California Supreme
Court noted Monday that, while workers are entitled to one day of rest per work
week, those who always work less than six hours per day and 30 hours per week
are free to give up their day off if they and their employer agree.
International Law, Citizenship
and Immigration [TOPIC 40-42]
California education leader calls immigration 'the civil
rights issue of our time' [EdSource, 5/8/17]: As President Donald Trump and
his new cabinet members focus increased attention on immigration and school
choice, a longtime education leader in California says it’s more important than
ever for schools to meet the needs of all their students, especially
immigrants.
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